IKBFU's Vestnik

The humanities and social science

Historical and theoretical problems of the development of state and law

Spiritual foundations of law

Abstract

This article attempts to elucidate the fundamental connection between law and morals. The authors substantiate the thesis about the spiritual nature of law as a methodological principle of theoretical and practical jurisprudence. The subject content of spiritual foundations of law is demonstrated through the triunity of dignity, autonomy, and mutual respect and trust. Alongside factual and legal aspects, the article addresses the moral aspect of legal relationship.

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The periodisation of justice of the peace history in Russia

Abstract

This article sets out to justify the updated author’s version of periodization of history of justice of the peace in Russia. The periodization includes four stages covering a time span from the 12th century to the present, is based on unified criteria, and rectifies the existing terminology and chronology. Each stage is a period of time embracing, on the one hand, a combination of political, social, and legal conditions of the
development of justice of the peace and, on the other hand, the system of justice of the peace (court system, judicial institution, types and forms of state activity).

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The supervisory duties of governors general in felony crime procedures in the first third of the 19th century: law and practice

Abstract

This article describes the mechanism of fulfilling supervisory duties in felony crime proceedings by using the example of Arkhangelsk, Vologda, and Olonets governors general A. F. Klokachev and S. I. Minitsky. The author also attempts to assess the efficiency of such supervision.

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The improvement of legal regulation of social relations

The international legal regulation of the status of voluntary human shields

Abstract

The analysis of existing rule of International humanitarian law governing the cases of use of human shields by the parties of armed conflict justifies the conclusion that these persons are a sui generis case and should be regarded as an exception to a number of general rules. As a result, they should not be classified as taking a direct part in hostilities and must be treated according to the principle of proportionality provided that the permissible level of excessiveness of collateral damage can be lowered.

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The concept of operative administration and its development in science and legislation

Abstract

The article considers the right of operative administration as the statutory right to own, use and dispose of another’s property in their own
interests by representing different scientific points of view and opinions of scientists about the nature of the right of operative administration and by highlighting modern scientific research works that give further development to the right of operative administration.

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The prioritising of functional immunity criteria

Abstract

In the course of establishing legitimate limitations and control over trade navigation in the open sea, the need to define the nature of vessel's activity is of utmost importance for the ascertainment of vessel's immunity. At the same time, today, the international legislator establishes two criteria of the commercial character of a deal: the "purpose" of the deal and the "nature of the deal", the latter being the crucial one. The author considers the theoretical aspects of the priority of "purpose" criterion for the ascertainment of the non-commercial character of the vessel's
activity in the framework of functional immunity concept.

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Science at the service of region

The legal regime of Special economic zone in the Kaliningrad region: the routes to improvement

Abstract

This article analyses the problems of implementation of the Special economic zone regime in the Kaliningrad region, outlines its major development trends, suggests prolongation of the transitional period for business entities using the free customs zone procedure, and emphasises certain problems of legislation improvement and application of law in the field under consideration.

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Current problems of investigative and court practice

The structure and features of forensic characteristics of crimes against public officers

Abstract

On the basis of an analysis of concrete criminal cases, the authors describe the structure of forensic characteristics of crimes against public officers and its basic elements and consider the criteria of forensic classification of such crimes.

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The principle of mutual recognition of court orders within legal cooperation on criminal cases in the European Union

Abstract

This article considers particular problems of cooperation on criminal matters in the European Union using the example of the European Arrest Warrant and European Evidence Warrant.

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Young scientist's forum

The requirements for concluding administrative contracts developed in Russian legal science

Abstract

This paper attempts to summarise the established in Russian legal science conceptions of legal regulation of contract forms of public administration implementation and offers a model of legal regulation of preparation and conclusion of administrative contracts.

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On the principles of the constitutional status of a people

Abstract

This article deals with the types and content of principles of constitutional status of the people of the Russian Federation. Among other principles, the author distinguishes the principle of legality, the principle of harmonious combination of personal and public interests, the principle of priority of national interest over the government's interests, the principle of ensuring the constitutionalization of the people's will.

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The concept and features of voluntary renunciation of criminal purpose

Abstract

This article is dedicated to the definition of the concept of voluntary renunciation of criminal purpose. Through analysing criminal statutes and
criminal law literature, the author identifies and examines the features of voluntary renunciation of criminal purpose: objective termination of intended crime, voluntariness, finality, and timeliness. The article offers a definition of voluntary renunciation of criminal purpose

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The application of dermatoglyphical research for investigative purposes in detecting hate crimes

Abstract

This article analyses the capacity of forensic dermatoglyphics as a means to combat extremism. The author considers the possibility of dermatogliphical forensic examination and proves the need to apply dermatogliphical research in the course of investigation of hate crimes

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Topical issues of economic research in the Kaliningrad region

The dynamic capabilities concept and the analysis of strategic potential of learning organisation

Abstract

This article analyses the methodological framework of research on strategic potential of organizations in dynamic global environment. The author examines the factors responsible for sustainable competitive advantages of an organization and considers the role of intangible assets, predominantly, such unique assets as organizational and administrative skills, in the structure of potential. The article describes the features of formation of potential of learning organizations.

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